Helen (my wife) and I may need to sub-let our Weymouth garden flat for a while due to a career opportunity. We instructed a Weymouth conveyancing firm in 2001 but they have since shut and we did not have the foresight to seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Weymouth do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

I only have 68 years left on my lease in Weymouth. I need to extend my lease but my landlord is missing. What should I do?

On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to find the freeholder. In some cases an enquiry agent may be helpful to carry out a search and prepare a report to be used as evidence that the freeholder can not be located. It is wise to seek advice from a solicitor both on investigating the landlord’s absence and the vesting order request to the County Court covering Weymouth.

I have just appointed agents to market my ground floor apartment in Weymouth.Conveyancing has not commenced but I have just received a half-yearly service charge demand – Do I pay up?

It best that you discharge the invoice as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.

I am looking at a couple of flats in Weymouth which have about fifty years remaining on the lease term. Do I need to be concerned?

A lease is a right to use the property for a prescribed time frame. As the lease gets shorter the value of the lease deteriorate and results in it becoming more expensive to acquire a lease extension. This is why it is often a good idea to increase the term of the lease. More often than not it is difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on properties of this type. Lease enfranchisement can be a difficult process. We advise that you get professional help from a conveyancer and surveyor with experience in this area

Can you offer any advice when it comes to finding a Weymouth conveyancing practice to deal with our lease extension?

If you are instructing a solicitor for your lease extension (regardless if they are a Weymouth conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with several firms including non Weymouth conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be useful:

• How experienced is the practice with lease extension legislation?

Leasehold Conveyancing in Weymouth - Sample of Queries Prior to Purchasing

If a Weymouth lease has no more than eighty years it will affect the value of the flat. Check with your lender that they are content with residual term of the lease. Leases with less than 80 years remaining means that you will probably require a lease extension at some point and you need to have some idea of what this will be. For most Weymouthlease extensions you would be required to have been the owner of the premises for 24 months in order to be entitled to exercise a lease extension. Best to be warned whether window replacement or some other major work is due in the foreseeable future that will be shared amongst the tenants and will dramatically increase the the maintenance fees or necessitate a one off invoice. How much is the service charge and ground rent on the flat?

Other Topics

Lease Extensions in Weymouth